Boston Child Injury Lawyer
The City of Boston is big and bustling. From the South End to the Common, hundreds of thousands of people enjoy its rich cultural heritage, eat at its restaurants, shop in its stores, work in its offices and labs, and relax in its parks every day.
Children constitute a huge part of Boston’s everyday life. They visit Harbor tourist attractions. They attend Boston public and private schools. They live and play in neighborhoods throughout the Hub.
Unfortunately, like kids everywhere, children in Boston are prone to injuries. Sometimes kids get hurt in Boston because an adult failed to take reasonable steps to keep them safe. In those cases, the injured children and their parents have the right to compensation.
Finkelstein & Partners can help. We represent Bostonians, including children, who have suffered injuries in preventable accidents and incidents. Contact us today to learn how we can help after a child gets hurt in circumstances an adult could and should have prevented.
Who We Are
We are Finkelstein & Partners, a law firm that for more than 60 years has represented clients—including many children and their parents—in personal injury actions. Over the decades, we have earned a reputation for taking and winning some of the most complex and challenging personal injury cases in the Northeast.
We’re proud to represent individuals in Boston who need our help getting the money they deserve for the injuries and losses they have suffered. We have achieved significant results for child clients in a wide range of personal injury cases, from pedestrian accidents to product liability claims.
Common Causes of Boston Child Injuries
According to recent data from the CDC, about 12,000 children die as a result of preventable accidents every year, and more than 9 million suffer non-fatal injuries.
Children get hurt in ways almost too numerous to count. Here are just some common scenarios in which the children our firm represents sustain their injuries:
According to the CDC, falls are the most common cause of child injuries. As everyone knows, children are adventurous. They like to climb on trees, playground equipment, ladders, or anything else they see. They run and play without the same degree of regard for safety as adults might observe.
Lots of kids fall and get hurt. Some of those falls are just part of growing up. They’re not really anyone’s fault, they just happen because of kids being kids.
But sometimes, those falls definitely should not happen. Instead, they occur because an adult did not take reasonable steps to prevent a child from suffering foreseeable harm. At Finkelstein & Partners, we help children and families recover compensation for those preventable, should-not-have-happened falls.
Motor Vehicle Accidents
Children, like adults, get hurt in a wide range of motor vehicle accidents in and around Boston, from crashes on the Mass Pike to collisions on neighborhood streets in Dorchester. Unlike adults, however, those accidents are rarely the children’s fault. No matter if a child gets struck by a car in the street, suffers injuries as a passenger in a car that crashes, or sustains trauma on a school bus that overturns, the harm they suffer is almost always the result of an adult’s failure to exercise reasonable care.
At Finkelstein & Partners, we routinely represent children who have suffered severe injuries in motor vehicle accidents. We fight to make sure those most innocent crash victims receive full compensation for the trauma they suffer.
Drownings and Near-Drownings
Wherever you find a body of water in Boston, be it a public or private pool, the Charles River, the Harbor, or the Boston Common Frog Pond, you’ll also find kids potentially at risk for drowning or near-drowning. Children need supervision near the water because many can’t swim, and even those who can don’t always appreciate the dangers lurking below the surface.
According to the CDC, drowning and near-drowning are an especially common cause of severe and fatal injury for younger children, although tragedy can strike a child of any age. The Finkelstein & Partners team works tirelessly to seek justice for children and families victimized by a lack of safety personnel, equipment, or protocols on or around Boston pools, ponds, and other water bodies.
Poisoning, Toxic Exposures, and Defective Products
Children throughout Boston suffer illness and injury because they come into contact with dangerous products of all sorts. Curious toddlers ingest hazardous chemicals contained in household cleaners. School-age children breathe in toxic fumes and dust contained in antiquated building materials like lead paint and asbestos. And teens use dangerous, defective products like vape pens and power tools that malfunction and cause them serious, even fatal injuries.
Manufacturers of industrial and consumer products owe the public a duty not to sell dangerous, defective goods. Finkelstein & Partners represents Boston children and families in legal actions seeking compensation from those manufacturers when their products cause harm to innocent kids.
Sexual Abuse and Other Violent Crime
Children in Boston and its suburbs fall victim daily to crimes committed by their peers and by adults. One pervasive, tragic crime involves the sexual abuse of children by trusted adults—including clergy, youth group leaders, and teachers—who prey on the children left in their care. Children also suffer severe harm in violent incidents at and away from home, often involving the use of firearms.
No child should ever endure the pain and loss of innocence caused by criminal conduct. Finkelstein & Partners fights to make sure children receive compensation from perpetrators of crime, as well as from individuals and institutions that should have done more to protect them from senseless, preventable harm.
Boston’s Fire Prevention Code requires property owners and occupants to take simple, sensible measures to protect building occupants—especially children—from the risk of a fire. Unfortunately, not all of them follow the rules, especially when Code enforcement falls short of what’s necessary to keep Boston citizens safe.
The team at Finkelstein & Partners works to make sure that children who suffer burns and other injuries in preventable fires get paid what they deserve for the extreme pain and difficulty they have endured through no fault of their own.
Boston-area children participate in a wide range of organized and recreational sports, from ice hockey to gymnastics to baseball. They and their parents understand that some sports injuries come with the territory. Sprains, bruises, and even the occasional broken bone aren’t unusual.
But some sports injuries should never happen. Coaches, trainers, and other adults who supervise youth sports have important obligations to make sure kids practice and play safely, stay hydrated, and train within their abilities. Children can suffer severe harm when those adults neglect their duties. Finkelstein & Partners holds individuals, schools, and sports organizations accountable for putting young athletes at risk of getting hurt in practice or competition.
Common Child Injuries We Help With
At Finkelstein & Partners, we represent children who have suffered a wide range of injuries, and who face numerous challenges in their lives.
We can help those children and their parents secure the compensation they need to confront the difficulty caused by injuries such as:
- Brain injuries that leave children in permanent states of semi-consciousness, or which burden them with lifelong physical, emotional, or cognitive impairments.
- Spinal cord injuries that rob children of the ability to move their limbs, confine them to wheelchairs permanently, and impose enormous lifetime costs.
- Burns that require extensive treatment at a local burn center, put children at risk for deadly infections, and leave behind permanent scars that often cause significant emotional suffering.
- Broken bones and orthopedic injuries, some so severe that they result in permanent disability, and all of which put kids in agonizing pain.
- Acute and chronic illness, often caused by toxic exposures, including respiratory diseases, developmental disorders, and pediatric cancers.
- Heatstroke and overexertion injuries, which happen most often when adults fail to supervise youth athletes responsibly and can result in tragedy.
- Lacerations, contusions, and abrasions—trauma that goes beyond the typical bumps-and-bruises of childhood play—that happen because of unsafe equipment and lax supervision of children on playgrounds, sports fields, and school buildings.
This is not a complete list, of course. There’s virtually no end to the types of injuries kids can suffer when adults put them in unsafe situations. At Finkelstein & Partners, no matter what type of injury a Boston-area child suffers, our team fights to make sure the at-fault parties pay for putting kids in harm’s way.
Potential Damages for a Boston Child Injury
Under Massachusetts law, anyone who unreasonably endangers a child, either through negligence, recklessness, or intentional misconduct, will typically face legal liability for the harm the child suffers.
By taking legal action against that at-fault party with the help of an attorney from Finkelstein & Partners, an injured child and the child’s parents can often recover damages that include:
- Medical expenses related to treating the child’s injury and any resulting health complications, including costs of hospitalization, long-term care, medication, and medical equipment.
- Lost wages, most typically incurred by parents who miss work to care for an injured child.
- Diminished earning capacity, which happens when a child’s injury impairs the child’s long-term prospects for earning a living.
- Non-medical expenses the child or child’s family incur as a result of the child’s injury, which may include the cost of renovating a home to accommodate a child’s disability, or of hiring tutors or other services to help a child manage an injury.
- Pain and suffering endured by the child, which includes both physical discomfort and the emotional trauma of sustaining an injury and living with its consequences, such as the inability to participate in activities, carrying permanent scars, or other life challenges a child should never have had to endure.
The child injury lawyers at Finkelstein & Partners work closely with injured children and their parents to understand the full range of harm an injury has caused to a child. Our mission is to make sure that any legal action we take on a child’s behalf seeks compensation that meets the child’s and family’s current and future financial needs. Child injuries can have lasting impacts, and we work tirelessly to make sure the damages our clients receive reflect the long-term consequences of an injury.
Unique Features of Boston Child Injury Cases
The team at Finkelstein & Partners is well-versed in addressing the unique challenges that Boston child injury cases can present. Here are some of the ways that child injury cases differ from cases involving injuries to adults, and how we can help manage them.
Children Are Vulnerable Participants in the Legal Process
It’s rare for anyone to enjoy sitting on a witness stand and giving testimony about an injury. But for children, that experience can be deeply traumatic.
One important aspect of every child injury case we handle at Finkelstein & Partners involves protecting our child client from the stresses and challenges of the litigation process. We’re parents ourselves, and we fight to protect our young clients as if they were our own kids. We understand the Massachusetts laws and court procedures that give children special protections, and we put them to work for our clients whenever possible to shield them from emotional upset.
Most Children Lack Legal Capacity to Act for Themselves
By law and as a practical matter, most children in Boston who suffer injuries cannot make their own decisions about when, whether, and how to take legal action seeking compensation for their injuries. Many injured children, of course, are simply too young to understand the decisions involved in filing a lawsuit or pursuing an insurance claim. Even teens who may have the maturity to comprehend those issues frequently lack the legal right to act on their own behalf.
As a result, injured children usually need an adult to act on their behalf in pursuing legal action for compensation. In most cases, the child’s parent or legal guardian fulfills that role. Sometimes, however, the particular facts of the case require a neutral third party, called a guardian ad litem, to serve as the child’s representative separate and apart from the child’s parents. At Finkelstein & Partners, we have a firm understanding of the rules and protocols for making sure our child clients have the adult representation they need to assert their rights.
Settlements May Require Court Approval and Special Oversight
Because children usually need an adult to act on their behalf, child injury cases may involve a potential conflict of interest when it comes time to settle them. It’s often important that the funds paid to settle a child injury case get used for the child’s benefit, and not for unrelated purposes.
Accordingly, Massachusetts law permits courts to review and approve any settlement of a child injury case to make sure it’s done with the child’s best interests in mind. The court in those cases may order special oversight of how the funds are disbursed to the child and child’s family, such as through the appointment of a trustee for the funds or by putting restrictions on when and how the child or child’s family can use the funds.
The Finkelstein & Partners team has years of experience structuring and helping children and families manage these arrangements to ensure that children benefit from the compensation.
Experienced Child Injury Lawyers in BostonDid your child suffer injuries in a preventable accident or in circumstances in which an adult should have stepped in to protect your child’s safety? If so, contact Finkelstein & Partners in Boston today at (877) 472-3061 for a free consultation about your and your child’s rights.
15 Court Square, Suite 800A
Boston, MA 02108